Town of Geneseo, NY Chapter 42 Bingo and Games of Chance

[HISTORY: Adopted by the Town Board of the Town of Geneseo as indicated in article histories. Amendments noted where applicable.]

Article I Bingo

[Adopted 5-29-1958]

§ 42-1 Conduct of games authorized; restrictions.

[Amended 3-10-1988 by L.L. No. 1-1998]

It shall be lawful for any authorized organization, as defined in § 476 of Article 14-H of the General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the Town of Geneseo, subject to the provisions of this chapter, Article 14-H of the General Municipal Law and Article 19-B of the Executive Law and the following restrictions:

A. No person, firm, association or organization other than an authorized organization licensed under the provisions of this chapter shall be permitted to conduct such games.

B. The entire net proceeds of any game shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the game.

C. No single prize shall exceed the sum or value of $250.

D. No series of prizes on any one occasion shall aggregate more than $1,000.

E. No person except a bona fide member of any such organization shall participate in the management or operation of such game.

F. No person shall receive any remuneration for participating in the management or operation of any such game.

G. No bingo games shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid wholly or partly on the basis of a percentage of the receipts or net profits derived from the operation of such game.

H. No authorized organization licensed under the provisions of this chapter shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law[1] or from another authorized organization.

[1] Editor's Note: See Article 19-B of the Executive Law.

I. Limited-period bingo shall be conducted in accordance with the provisions of Article 14-H of the General Municipal Law and the rules and regulations of the State Racing and Wagering Board.

§ 42-2 Games on Sunday.

Bingo may be conducted under any license issued under this chapter on the first day of the week, commonly known and designated as "Sunday."

§ 42-3 Penalties for offenses.

[Amended 3-10-1988 by L.L. No. 1-1998]

The unauthorized conduct of a bingo game and any willful violation of any provision of this chapter shall constitute and be punishable as a misdemeanor.

§ 42-4 Referendum; filing.

[Amended 3-10-1988 by L.L. No. 1-1998]

This chapter shall become effective upon approval of the same by a majority of the electors of the Town of Geneseo voting on the proposition therefor submitted at a general or special election held within said Town as provided by law,[1] and upon filing with the State Racing and Wagering Board a copy of such chapter within 10 days after its adoption as above provided.

[1] Editor's Note: This ordinance passed at referendum 11-4-1958.

Article II Games of Chance

[Adopted 12-8-2016 by L.L. No. 3-2016]

§ 42-5 Authorization; restrictions on games.

Pursuant to Subdivision 2 of § 9 of Article I of the State Constitution, it shall be lawful for any authorized organization, as defined in § 186 of Article 9-A of the General Municipal Law, upon obtaining the required license, to conduct games of chance within the territorial limits of the Town of Geneseo, subject to the provisions of this chapter, Article 9-A of the General Municipal Law, the rules and regulations of the New York State Gaming Commission and the following restrictions:

A. No person, firm, association, corporation or organization, other than a licensee under the provisions of Article 9-A of the General Municipal Law, shall conduct such game or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect.

B. No game of chance shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of such game.

C. No authorized organization licensed under the provisions of Article 9-A of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than a supplier licensed by the New York State Gaming Commission or from another authorized organization. Furthermore, no organization shall purchase bell jar tickets or deals of bell jar tickets from any other person or organization other than those specifically authorized under §§ 195-n and 195-o of the General Municipal Law.

D. The entire net proceeds of any game of chance and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same, and the net proceeds of any rental derived therefrom shall be exclusively devoted to the lawful purposes of the authorized games of chance lessor.

E. No single prize awarded by games of chance other than raffles shall exceed the sum or value of $300, except that for merchandise wheels, no single prize shall exceed the sum or value of $250. No single prize awarded by raffle shall exceed the sum or value of $50,000, except that an authorized organization may award by raffle a single prize having a value of up to and including $100,000 if its application for a license filed pursuant to § 190 of the General Municipal Law includes a statement of its intent to award a prize having such value. No single wager shall exceed $6 and for bell jars, coin boards, or merchandise boards, no single prize shall exceed $500; provided, however, that such limitation shall not apply to the amount of money or value paid by the participant in a raffle in return for a ticket or other receipt. For coin boards and merchandise boards, the value of a prize shall be determined by its costs to the authorized organization.

F. No authorized organization shall award a series of prizes consisting of cash or of merchandise with an aggregate value in excess of $10,000 during the successive operations of any one merchandise wheel, and $3,000 during the successive operations of any bell jar as provided in § 186 of Article 9-A of the General Municipal Law. No series of prizes awarded by raffle shall have an aggregate value in excess of $100,000.

G. In addition to merchandise wheels, raffles and bell jars, no more than five other single types of games of chance shall be conducted during any one license period.

H. Except for merchandise wheels and raffles, no series of prizes on any one occasion shall aggregate more than $400 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, raffles and bell jars, no series of prizes on any one occasion shall aggregate more than $500 when the licensed authorized organization conducts less than five single types of games of chance, exclusive of merchandise wheels, raffles and bell jars, during any one license period. No authorized organization shall award by raffle prizes with an aggregate value in excess of $100,000 during any one license period.

I. Except for the limitations on the sum or value for single prizes and series of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period.

J. No person except a bona fide member of the licensed authorized organization shall participate in the management of such games; no person except a bona fide member of the licensed authorized organization, its auxiliary or affiliated organization, shall participate in the operation of such game, as set forth in § 195-c of Article 9-A of the General Municipal Law.

K. No person shall receive any remuneration for participating in the management or operation of any such game.

L. No authorized organization shall extend credit to a person to participate in playing a game of chance.

M. No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor. Nothing herein shall prohibit the sale of raffle tickets to the public outside the premises of an authorized organization or an authorized games of chance lessor; provided, however, that no sale of raffle tickets shall be made more than 180 days prior to the date scheduled for the occasion at which the raffle will be conducted. The winner of any single prize in a raffle shall not be required to be present at the time such raffle is conducted.

N. The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.

O. The invalidity of any clause, sentence, paragraph, or provision of this article shall not invalidate any other clause, sentence, paragraph, or part thereof.

P. All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this article are hereby repealed.

Q. This article shall become effective upon approval of the same by a majority of the electors of the Town of Geneseo voting on the proposition therefor submitted at a general or special election held within said Town as provided by law, and upon filing with the New York State Gaming Commission a copy of such article within 10 days after its adoption as above provided.